Private lending has traps to strengthen audit more prevention

Recently, some mobile phone users received a "World off Pie" message: "no guarantee" can be millions of yuan, tens of millions of dollars in loans-early this year, in Shandong and other fields, many mobile phone users received a message: through the "secured loan companies" do not need to mortgage any items can get loans. Some people in need of funds, according to the information provided by the message, found the release of the loan information of a secured investment company to handle unsecured loan procedures. However, many "borrowers" did not receive loans as scheduled after paying a hefty fee. At the same time, there are also a number of claims that a loan company's information has been sent to the hands of mobile phone users, these "companies" are actually private borrowers, they earn money through the issuance of usury.　　Not long ago, Shandong Weifang Police have received these two kinds of cases of alarm.　　Loan guarantee company only for fraud fee Shandong Weifang Citizen Zhao MoU fell into such a trap. Zhao said that after the spring Festival, he received a mobile phone message, said a loan guarantee company can provide customers with the most convenient and convenient loan services, and the loan amount is higher; "lenders" only need to pay 3% to 5% of the transaction fees, can deal with large loans, and want to borrow a lot of money is not a problem; the greater the number of loans, the lower the Commission.　　The loan guarantee company also promised that lenders would be able to obtain loan funds within days of a "loan" contract. Zhao opened a small company, just need a writer funds to maintain normal operation, so found the guarantee company, paid tens of thousands of yuan handling fee, waiting for funds to enter account.　　But Zhao has never received a loan, also did not receive a loan guarantee company's telephone, and loan guarantee company's telephone no longer make a pass, always in shutdown state. Zhao an alarm, the police quickly seized the loan guarantee company's office, and caught on the spot is ready to charge another lender loan handling fee of 4 suspects. During the trial, 4 suspects confessed to the fraud. They say their modus operandi has been learned from the coast, is to use the ID card to find intermediary company for loan guarantee Company's business license, legal person certificate, and so on, and then rent the office of the two rooms to do offices, imitate the Bank loan Department of the system, set up a "loan", "loan two" and so on, and then forge related Materials,　　When everything was ready, they advertised through the media, claiming to be the "loan guarantee Company" of the national chain, and began to commit fraud to the outside world. Police investigation found that, Mr. Zhao reported that the company rented a set of office buildings two rooms, one hall of the house, in addition to a guest room, the other two were hung "credit" and "credit two" brand. The police said that the loan guarantee companies to deal with "loan" procedures is really simple, "loan officer" check the borrower's identity card, ask the lender to write a brief loan statement, and then sign the "agreed to the loan", and then "to get the loan as soon as possible, the best to pay 5% of the handling fee" as the Defrauding loan fees from lenders. A criminal suspect said many anxiousThe lender will send money quickly. "Throwing" Wang Jian is an enterprise laid-off workers, in order to feed the family, last year, he borrowed more than 200,000 yuan from relatives and friends to buy a dump truck running transport, but because of the continuous out of two of the traffic accident, not only the transport run, not to make money, but also lost a lot of. Coincidentally, a friend desperately needed money, to ask him for a loan, and should be collected 4 months before the account, the desperate Wang Jian can only be a dump truck to do the mortgage, reach out to borrow "usury" to solve the immediate needs. "Soon, I got in touch with a loan company via a mobile loan message," Wang said. I was led by their people to a very broken backyards room, a self-proclaimed manager of the people, let me sign a simple handwritten contract, the general content is ' the borrower xx to XX company to borrow 50,000 yuan, the monthly interest is 5%, with dump truck do mortgage , the term is 4 months. ' Of course, I only took 40,000 yuan when I was taking the money, because the 4-month interest was deducted at one time.　　In this way, Wang Jian put the dump truck in the place designated by the loan company. Four months before the expiration of the repayment period, Wang Jian will be 50,000 yuan loans also on, and will dump truck back home. Half a month later, while overhauling the vehicle, he suddenly discovered that two new tyres had been replaced with old tyres. "The tyres must have been replaced by the people in the loan company, but there is no evidence," he said.　　Wang Jian said angrily.　　According to the author understand, encounter "no good faith" Private lending companies calculated a large number of people, but, because self-knowledge such loans equivalent to "usury", not protected by the law, many borrowers can only be "dumb to eat coptis." What is the "stealth" private lending company in private lending institutions?　　May 3, the author according to a mobile phone message with a loan company Hu Manager made contact, but the mobile phone number is a field, the phone that end claiming to be Hu manager's woman is a southern accent. "I am Weifang, you are foreign, how can I borrow?" "We are in Weifang XX building near the office, you come here to call us, our financial miss will lead you to the company." "Then I go straight to the company?" "Please rest assured that we are financial institutions." Then you call! "What formalities do I need for a loan?" "You can take your ID card and your account."　　Mr. Hu, who was on the phone, hung up on his phone impatiently. Subsequently, the author contacted a man engaged in private loan business Mr. Li. He disclosed to the author that such loan companies are generally more mysterious, they are more intermediary agencies, they do not have any funds, but the lender to the lending company, from which the intermediary fee. This kind of company generally according to 50,000 yuan under the single pen to collect 500 yuan intermediary fee, 50,000 yuan above according to 1% standard charge intermediary fee, Mr. Li said this means the lender if the loan succeeds, may encounter two times "exploitation". In addition, there are intermediaries charged with the borrower fees and "escape" phenomenon, resulting in the lender can not get the loan but paid the intermediary fee. LiAt the same time, Mr. Shing told the author that this kind of personnel and society and even triad organizations have links, and such people should pay attention to protect their personal safety.　　The author to the relevant parties to verify that the conclusion is that this kind of loan company's telephone number is long-distance, mainly in order to prevent the public security organs against its illegal conduct, and the borrower and its contact, no one not to be repeatedly changed hands, was brought to the loan company, office location is mostly hidden invisible light of the cottage. Police analysis of the case, cheats repeatedly succeed, one of the reasons is that the victims believe that the bank to deal with a long period of loan, cumbersome procedures, in the "loan guarantee company" to borrow quickly; the second reason is that the company's license is "complete and formal", and the handling of the "staff" for the relevant information to shoot, easy credible;　　The suspect claims to be "iron" in relation to the bank and can make loans in special channels. Private lending and risk prevention there is a "magic weapon" the author consulted the lawyer on the issue of private loan, according to the lawyer, the law stipulates that there is no borrowing funds between enterprises and enterprises, so the main body of the private loan relationship is limited to the citizen and citizen, between citizen and legal person, between citizen and other organizations in legal sense. But in reality, it is true that some citizens are unable to get loans from banks for special reasons, which makes some loans carried out in irregular or illegal circumstances, thus giving birth to so-called "loan guarantee companies" (essentially fraudulent companies) and various private lending institutions. Lawyers said that in private lending, in addition to the two sides of the borrowing and the relationship between relatives and friends, most of the private lenders usually put forward collateral, pledge, guarantee and other security requirements, and some private lending companies require unsecured borrowers to pay in advance "interest" or "handling fees", the lawyer said, for borrowers, the important part of risk prevention is,　　To seriously verify the authenticity of the lender's information, for those companies claiming that no collateral is required for any area, just an ID card, or a fee to pay for the loan of the company, the borrower must be protected to avoid being cheated. Counsel also believes that whether the private loan is lawful and can be protected by law, according to the contract law and the relevant judicial interpretation of the Supreme People's Court, we need to pay attention to the following points: first of all, to ascertain whether the lender's funds are legitimate own funds, prohibit the absorption of other people's funds to transfer loans; If the lender is aware that the borrower is still borrowing for illegal activities such as gambling, smuggling, trafficking in drugs or trafficking in firearms, it is illegal to borrow, and even if there is a loan agreement, the loan relationship is not protected by law; Third, the interest rate of private borrowing is beyond the legal protection of the part The Chinese law stipulates that the private lending rate shall not exceed 4 times times of the bank's similar loan interest rate (including the interest rate); Four is that the borrower shall not take interest into the principal for compounding, and the compound interest is not protected.　　In addition, the use of fraud, coercion and other means or take advantage of the other party in violation of the real meaning of the formation of the loan relationship, should also be found to be invalid. Counsel recommends that the borrower, in addition to the lawThe law provides for the relevant examination, when borrowing, it is advisable to enter into a written agreement stating the name and other identity information of the lender and borrower, the purpose of the loan, the amount and currency of the loan, the time of the loan and the time of repayment, the way of repayment and the liability for breach of contract, etc. If there is a notary condition, it is best to transact notarization formalities. If there is a mortgage, pledge, guarantee and other guarantees agreed, should be in accordance with the "Property law", "Security Law" and other relevant provisions, timely processing of relevant statutory procedures. For individuals and businesses who want to get financial support through private borrowing, in addition to the prevention of legal risk, but also to consider their actual operating conditions, the high interest rate risk of private lending and other comprehensive factors, do a good job of repayment of the expected planning, borrowing and interest payments timely and full, so as not to affect the normal production and operation. (Cheng Fang)